AVINASH VISHWASRAO DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The issue involved in this appeal is "whether there is variance in the evidence of a witness and if yes what is the effect and whether there is variance in between the testimony of 2 witnesses and if yes what is the effect?" Connected issue is "whether such variance goes to the root of the matter so as to discard his evidence totally?"

(2.) The appellant was attached to the Court of Additional Sessions Judge, Yavatmal as a Junior Clerk. The Court was presided over by Judge Shri Kalyani. Judge Shri Kalyani rejected bail application filed on behalf of Kishor Devidas Mahalle and others. It was in case of a murder of one Gopal Jumale. Vijay Devidas Mahalle (complainant) is the brother of said Kishor. He was unhappy over the said decision. He was having two options. One is, to approach the High Court and second is, to approach the same Court with changed circumstances.

(3.) He has decided to take the advise of the accused who was attached to the Court of Shri Kalyani. He met him on 26-11-1991. The complainant expressed desire to get bail order from the same Court. The accused assured him to give a feedback after talking to Judge Shri Kalyani. On the same day the accused even communicated possibility of getting bail order if the complainant will spend Rs. 17,000/-.